Court No. - 26
Case :- WRIT - C No. - 11707 of 2018 Petitioner :- Irshad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- A.C.Srivastava,Anay Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
(ORAL) Learned counsel for the petitioner prays that the petitioner has initially approached this Court by filing Writ C No. 23492 of 2017 (Irshad vs State of UP), which was disposed of on 04.08.2017 with a direction to the Licensing Authority to consider the request of the petitioner for recall of the cancellation order dated 18.10.2016 considering the fact that the petitioner had run a shop for about 29 years and on account of his brief illness, he moved an application on 17.10.2016.
It has been submitted by the learned counsel for the petitioner that such an application for resignation had been moved under the misconceived advise and of mental disturbance, and he therefore, moved another application before the Licensing Authority to recall the order of cancellation. The Licensing Authority however, while passing the order impugned dated 13.11.2017 observing that there is no provision in law for recalling such an order.
This Court in Writ C No. 59047 of 2017 (Mashroof Ahmad vs State of U.P. and 3 others) decided on 19.03.2018 has already held that the Licensing Authority as well as the licensee are both bound by the terms and conditions of the Licence Agreement, if under License Agreement, the licensee submits a resignation, the Licensing Authority is bound to accept it as he has no wherewithal to find out mental condition, under which the licensee has submitted such resignation. He is duty bound to pass an order on the application/resignation in accordance with the terms and conditions of the Licence Agreement and being Statutory Authority, he has no power to recall or review his own order.
The writ petition is therefore dismissed. No order as to costs.
Order Date :- 30.3.2018 Sazia